McIver's Lawyer Says 'No Criminal Aspect' to Shooting – Daily Report (registration)

Claud L. (Tex) McIver.

Criminal defense attorney Stephen Maples, who was called to the hospital the night his friend Claud “Tex” McIver’s wife, Diane McIver, died from a gunshot wound, said he expected no criminal charges to be filed against Tex McIver in what Maples said was an accidental shooting.

McIver, an Atlanta lawyer, accidentally shot his wife Diane McIver Sunday, Sept. 25, while the couple was being driven in his car from their farm in Putnam County to their Buckhead residence, a family friend acting as a spokesperson told the Daily Report on Sept. 29.

McIver had a gun resting in his lap for fear of carjackers, and it discharged when the car hit a bump as they traveled through Midtown, the friend, Bill Crane, has said.

“There is no criminal aspect to this case. It’s just simply an accident,” Maples said. He noted that the case is being investigated as a homicide, which means another person is involved in the death—as opposed to a suicide.

As the Atlanta Police Department still works to iron out the details of what happened that night, Maples said a memorial service has been tentatively scheduled for Diane McIver for Oct. 22.

The Fulton County Medical Examiner’s Office released her body to the family, and it was cremated on Sept. 28, Maples said.

The APD released McIver’s car last week, Maples said. The department still has the pistol from the shooting, he said.

The McIvers are both well-known in the Atlanta business community. Diane McIver was president of Corey Airport Services, a marketing and advertising company. Tex McIver has practiced labor and employment law at Fisher & Phillips for more than 40 years.

The case has attracted intense media scrutiny, in part because the APD has declined to say who was in the car with Diane McIver when the gun discharged and provided few details about its investigation of the shooting, now in its second week.

“This is just a horrible accident. Mr. McIver is shaken up and traumatized,” Maples said Wednesday.

Maples said he is a longtime friend of the McIver family and that Tex McIver has referred cases to him over the years. Maples has a solo criminal defense practice in Decatur, where he’s practiced for 40 years, and handles some civil cases, such as contracts.

“I’m just helping out. I don’t expect any criminal charges to be filed,” Maples said.

Maples said he was at his office working late on Sept. 25, preparing for the week ahead, when Tex McIver called him at about 10:45 p.m. from Emory University Hospital near Decatur, where he and the car’s driver had rushed Diane McIver for treatment of the gunshot wound.

Maples headed to the hospital to sit with Tex McIver in the E.R. waiting room. Diane McIver died of complications from surgery at 12:49 a.m. Sept. 26, according to a brief incident report that the APD released Sept. 28.

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